JUDGMENT

R.K. Pattanaik, J. - The petitioners have challenged the impugned order dated 5th January, 2011 for having taken cognizance of the offences punishable under Sections 294 and 506 IPC in ICC Case No.698 of 2010 by the leaned S.D.J.M., Bhubaneswar on the grounds inter alia that the dispute between the parties is civil in nature and the opposite party should have availed remedy before a civil court and not by filing a complaint and setting the criminal law into motion.

2. As per the facts revealed by the petitioners, the opposite party, namely, complainant had approached them for purchasing a plot and in that connection, an agreement under Annexure-1 was entered into on 30th April, 2002. It is further made to appear that as per the aforesaid agreement, opposite party was to pay a sum of Rs.32,000/- towards purchase of the land in equal monthly installments of Rs.800/- per month besides other charges payable at the time of registration of the sale deed and in addition to the above, an amount of Rs.5,000/- to be paid at the time of booking the plot. It is claimed by the petitioners that the opposite party filed a complaint alleging some overt acts against them with regard to an in